Claude Francis.

Criminal Code and Constabulary Manual for British Guiana online

. (page 5 of 22)
Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 5 of 22)
Font size
QR-code for this ebook


officer who arrests may take charge of, and deposit in safe
custody, as security for penalty, expenses of keep, &c., such
vehicle or animal. Magistrate may order sale of same to
satisfy penalty, &c., or on sufficient security being furnished
for the payment of such sums, a Magistrate or Officer of Police
may deliver the vehicle or animal to the owner. Ibid, see, 158.

CASTS— HOW TO TAKE.

See "Footmarks" 2.





COS8TABUI.ABT MAKUAL. 57

CATTLE .•

1. The Police may stop and detain any person driving
any Cattle along any public highway or- road, and may require
fluch person to give full information in regard to ownership,
&c., of such cattle ; and if such person shall refuse, or fail to
give satisfactory information, as aforesaid, he may be arrested
and his cattle detained until he can be brought before a
magistrate. Ord, 3 o/1877, sec, 12.

2. The police may enter at any time any premises on
which they have reasonable cause to believe any Cattle are
about to be slaughtered, or have been slaughtered ; and they
may examine all such animals, and the carcases and skins of
all such animals found thereon. Ibid, sec 10.

3. Any person killing or slaughtering an animal f in any
place other than the Georgetown Market (Slaughter House)
shall be bound to keep the skin of such animal for forty-eight
(48) hours after such animal has been killed, and during such
time shall produce such skin to any member of the Police
Force who shall require to see the same. Penalty for neglect,
$26. Ibid, sec, 9. (See *^ Butchers Licensed,'')

4. Every person who shall unlawfully and with intent to
defraud brand with any brand or place any mark likely to be
permanent on any cattle shall be guilty of a misdemeanour.
P.S. for 6 years, or impr. with H.L. 2 years. Ibid. sec. 8.

6. No brand or mark to be used on any Cattle without
permission of Ins. Genl. Pol. Fine for breach $26. Ibid. sec. 7.

6. Unlawfully and maliciously killing, maiming or
wounding cattle is felony. (See " Animals.**)

7. Riding, beating or ill-using cattle on way to the pound
is an ofifence. Fine ft24. Ord. 1 o/* 1866. sec. 9.

8. Any person landing or attempting to land any diseased
cattle or carcase into the Colony is liable to a fine of $96. Ord.
2, 1869, sec, 6. The Police have power to seize and destroy
all such cattle. Ibid. sec. 7.

* See *' Interpretation of Terms and Expressions."

t I.6., any bull, cow, ox, steer, heifer, calf, ram, ewe, sheep,
lamb, goat, or kid.



Digitized by VjOOQIC



58 CRIMINAL CUDE AND

9. For regulations re driving cattle throngh or in
Georgetown see " Town Council " para. 12. (^See also ^^ Pounds.")

CATTLE DISEASE*

1. The Governor-in-Oouncil may order any diseased
animal to be destroyed, or may declare any part of the
Colony (B.G.) to be infected with disease, and after such de-
claration, it shall not be lawful to allow any animal to stray
into, or out of such inf 3cted area. Ord. 4 1892, sees. 3, 4 and 6.

3. Every person in charge of, or owning a diseased
animal, shall, as far as practicable, keep it separate from
animals not diseased, and shall notify the fact of the animal
being diseased to the ofiQcer in charge of the nearest police
station, who must forthwith give information to such oflBcer
or authority as the Governor shall direct. Ihtd. sec. 6.

3. The Police are to enforce the Ord. and every Order-in-
Council. Ibid. sec. 12.

4. Any Constable, and everyone called to his assistance,
may, without warrant and on reasonable suspicion, stop and
detain a person found committing an olfence against the Ord. ;
and may also stop and detain and examine any animal, vehicle,
boat, or thing to which the offence relates, and may require the
same to be forthwith taken back to the place from whence it
came. Any person obstructing the Constable or his assistant
may be arrested and taken before a Magistrate. Ibid. sec. 13.

6. Penalty for an offence under this Ord., fine $96. or if
in respect to more than four animals, $24 for each. For second
or subsequent offence within twelve months, impr. 6 months.
ibid. sees. 16 and 17.

CELLS.

1. The cells or lock-ups must be kept very clean and
should be ventilated as much as possible.

2. Key of male cell is to be kept by the sentry, and of
female cell by the female turnkey.

* For definition of *< Cattle " and "Disease ** see "Inter-
pretation of Terms and Expressions."





CONSTABULAST MANUAL. 59

3. A cell containing more than one prisoner is never to
be opened except in the presence of two or more Constables.

4. No person should be permitted to visit occupied cells
from motives of curiosity.

5. Prisoners should be visited by the sentry on duty, at
least every 2 hours, and drunken persons every hour.

6. Magistrates and Justices of the Peace may at any
time inspect occupied cells.

7. Breaking by force or violence any prison* with intent
to set at liberty any person confined therein on a criminal
charge, is felony. Penal servitude for 7 years. Ord. 18, 1893,
sec, 344.

8. Any person convicted of any offence, escaping from
lawful custody ; or whether convicted or not, escaping from
any prison* in which he is lawfully confined on a criminal
charge, is guilty of felony, and liable to penal servitude for 3
years. Ibid, sec. 345.

CHARGES.

1. Charges of assaults on Constables or of obstruction or
resistance in the execution of their duty are to be discouraged
as much as possible, especially when an offender can be
summoned.

2. Police officers taking charges at stations ought at all
times to be properly dressed in uniform.

3. The reasons for charges being refused are to be
entered in the *' Diary " as briefly as possible. Such entries
calling for observation are to be brought at once to the notice
of the Inspector visiting the station.

CHILDREN.

1. The Police are to prevent children in the streets
playing with fire, flying kites or throwing stones.

2. When lost children are found and able to state where
they live, they are to be taken home by the Police, or a message
may be sent to the parents.

* "Prison" includes police-cell. See ** Interpretation of
Terms and Expressions."




dbyGool



60 CRIMINAL CODE AND

3. If a lost child is unable to tell where it lives, the
Police are to take it to the nearest station when the necessary
inquiries mnst be made.

4. No child over five years of age to appear in public not
decently clothed, i.e., girl to have a shift and petticoat, and a
boy a shirt and trousers at least. Proceed by summons against
parent, penalty, fine ^10. Provisions not to apply to persons
going to, or coming from, or working on an estate. Ord. 17,
1893, sec. 166.

6. Exposing any child imder two years of age whereby
its life is endangered is a misdemeanour under Ord. 18, 1893,
sec. 94. Punishment, P. S. for 6 years. Arrest without war-
rant.

6. No act of a child under 7 years of age is a crime.

7. A parent able to support a child, and who wilfully
refuses or neglects to do so, is liable to a fine of $25 or impr.
I month. Ord. 17, 1893, sec. 144.

8. Child stealing is a felony, punishable by seven years
P.S. Ord. 18, 1893, sec. 91. Unlawfully, either by force ^r
fraud, to lead, take away, decoy, or entice away, or detain any
child under 14 years of age, constitutes this offence.

9. A parent or guardian who wilfully neglects to provide
proper food, clothing, medical aid or lodging for his child
under 14 years of age ; or, who wilfully ill-treats, neglects,
abandons or exposes such child, thereby causing it unnecessary
suffering, or injury to its health, is guilty of an indictable
misdemeanour. Fine $500 or impr. 2 years or both. Tbid.
sec. 93; or to summary punishment, on />ros^cu^ton of Police
only. Fine of $100, or impr. for 6 months. Ord. 17, 1893,
sec. 28.

CIRCUMSTANTIAL EVIDENCE.

1. In the absence of direct testimony, circumstantial
evidence may be accepted until the contrary is proved. This
applies to both criminal and civil cases. Circumstantial
evidence is, where a fact being proved, another follows as a
natural or probable inference from it.

2. Example : — If a man go into an Estate's rum-store
sober, and without the means of getting drunk, and he



Digitized by VjOOQIC



CON8TABULABT MANUAL. 61

comes out very drunk, it would be reasonable evi-
dence that he had stolen some of the rum, although it
could not be proved that any was missing or had been
stolen.
3. In murder cases, where the act can seldom be proved
directly, circumstantial evidence is frequently found to produce
a strong assurance of a prisoner's guilt.
(See *' Evidence,"')

CLUBS.

A club is an association to which individuals subscribe for
purposes of mutual entertainment and convenience. A club
house, being available to subscribers only, is as a private house
belonging to them collectively and represented by their com-
mittee.

COAL POTS.

1. The use of coal pots in dwelling houses, kitchens, and
outhouses is a frequent cause of fire, and is a most dangerous
practice which should be put a stop to as much as possible by
the Police.

2. In Georgetown or New Amsterdam, any person who
uses or kindles fire in any coal pot or other holder of fire,
within any dwelling house, is liable to a fine of $24. (Sum-
mons). Ord. 1 O/1860, sec, 129, and Ord, 8, 1891, sec, 94.

3. Any person who, in any part of any Town, or place
immediately adjacent thereto, makes any fire in any yard,
house, or premises (except the kitchen), whereby such Town
or any buUding whatsoever may be endangered, is liable to a
fine of $25. Ord, 17, 1893, sec. 166.

COCOA-NUT RUM.

For selling, or otherwise disposing of Cocoa-nut rum or
Cocoa-nut toddy without having a licence, the fine is $48. Oi-d,
9 0/1868, «ec. 3.




dby VjO'



(W^



02 CRIMINAL CODE AND

COERCION.

. Coercion is the compulRion, or forcing, of one person,
by another, to do some act against bis or her own will. It
may arise from physical superiority and unavoidable circum-
stances, or from such a relationship as to render refusal
presumably impossible, as that of a married woman towards
her husband and a child towards its father.

Example : — (1) If A by force take hold of the hand of
B in which there is a knife, and therewith stabs G,
who dies in consequence, A is guilty of murder and
not B.
(2.) A married woman goes to a shop with her husband
who stays outside (knowing what she is going to do,
and forcing her to do it) while she goes in and passes
a bad florin, the husband is guilty of the misdemea-
nour but the wife is excused.

COMPETENCY OF WITNESSES.



All persons are competent to testify in all cases, except : —

(a) Those who do not appear to have sufficient dis-
cretion ;

(6) Those who do not appear to have a right sense of
the sanctity and moral obligation of an oath ;

(c) Those who stand in the relation of husband or wife
to the defendant (save when the infliction of bodily
injury, or violence, hy one against the other \ or ill'
treatment, neglect, or abandonment &c, of children ; or, the
criminal remedies of a married woman against her
husband and others in respect of property, is the subject
of the charge, and in Uevenue, Sunday Trading, and
Civil Cases) ;

((f) A juror, as to what passed between jurymen in the
dischai^e of their duty ;

(e) Counsel and Solicitors, of matters confided to them
by their clients in their professional capacity.



Digitized by VjOOQIC



C017STABDLART MANUAL. 63

COMPLAINTS.

1. The statement of any person making a complaint
against any member of the Police should be taken down in
writing and signed by complainant at the station at which it is
made. It mnst then be sent to the Inspector in charge of the
Connty or District to be further dealt with.

2. Complaints by Police against each other should be
made in writing to the Inspector General through an Inspector.

3. Grievances or causes of complaint will always receive
the due consideration of the Ins. Genl.

4. Police having any complaint to make against any order
given them by a N.C.O. should first obey the order, if it is not
to commit an illegal act, and then report to their Inspector.

5. Any person may make a complaint against an^ other
person for committing a summary conviction offence, unless the
Ord. on which the complaint is founded, specifies that only a
particular person or class of persons may complain. Ord. 12,
1893, sec. 6.

6. The limitation of period for making a complaint for a
summary conviction offence, is six months from the time when
the matter of complaint arose. Ibid. sec. 7.

COMPOUNDING FELONIES AND
MISDEMEANOURS.

1. Compounding means arranging, coming to terms.

2. Compounding felony or misdemeanour is where the
party robbed' not only knows the offender, but also takes his
goods again, or other amends from him upon an agreement not
to prosecute. The offence is felony. P.S. 7 years. Ord. 18.
1893, sec. 247.

CONCEALMENT OF BIRTH.

1. It is a misdemeanour for any woman delivered of a
child, to endeavour secretly to conceal the dead body of such
child, whether it died before, at, or after its birth. Punishment
impr. 2 years. Ord. 18, 1893, sec. 98.



Digitized by VjOOQIC



64 CRIMINAL CODE AND

2. In order to convict a woman of attempting to conceal
the birth of her child a dead body must be found and identified
as that of the child of which she is alleged to have been
delivered.

CONFESSIONS.

1. A confession is an admission made at any time by a
person charged with a crime, stating or suggesting the infer-
ence, that he committed it. Confessions, if voluntary, are
deemed to be relevant facts against the persons who make them
only.

2. No confession is deemed to be voluntary if it appears
to the Judge to have been caused by any inducement, threat,
or promise, from a person in authority.

3. But a confession is not involuntary, because it appears
to have been caused by the OKhortations of a person in autho-
rity to make it as a matter of religious duty, or by inducements
held out by a person not in authority

4. The prosecutor, officers of justice having the prisoner
in custody, magistrates, and others in similar positions are
persons in authority. The master of the prisoner is not as such a
person in authority if the crime of which the person making
the confession is accused was not committed against him.

5. Facts discovered in consequence of confessions im-
properly obtained, and so much of such confessions as distinctly
relate to such facts, may be proved.

Examples : — {!) A gaoler promises to allow A, who is
accused of a crime, to see his wife,if he will tell where
the property is. A does so. This is a voluntary
confession.

(II) A is accused of child murder. Her mistress holds
out an inducement to her to confess, and she makes a
confession. This is a Voluntary confession, because
the mistress is not a person in authority.

6. If a confession is otherwise relevant, it does not
become irrelevant because the person who made it was not
warned that he was not bound to make such confession, and
that evidence of it might be given against him.



Digitized by VjOOQIC



CONSTABULARY MANUAL. 65

7. Evidence amounting to a confession may be nsed as
such against the person who gives it, although it was given
upon oath.

Example : — A is charged with maliciously wounding B.
Before the Magistrates A appeared as a witness for G,
who was charged with the same offence. A's depo-
sition may be used against him on his own trial.
Stephen* 8 Digest of the Law of Evidence, Brd. Ed. pp,
28-32.



CONSPIRACY.

1. Conspiracy is the agreement of two or more persons to
commit a crime, or to do a lawful act by unlawful means.

2. The following conspiracies are felonies, the punishments
for which vary from penal servitude for life to seven years.
Ord, 18, 1893 :—

(a) Conspiracy to procure the conviction of an innocent
person, either upon an indictment or before a Magis-
trates Court. Sec. 340.

(b) Conspiracy to murder. Sec. 101.

(c) Conspiracy to commit felony, punishable with
penal servitude for seven years. Sec. 39.

The following are misdemeanours punishable with penal
servitude for three years down to impr. for I. year : —

(a) Conspiracy to commit felony not punishable with
penal servitude for seven years, or a misdemeanour.
Sec. 38.

(b) Conspiracy to prevent the collection of rates or
taxes. Sec. 37.

(c) Conspiracy to defile any female not being a common
prostitute, or of known immoral character to have
unlawful carnal connexion. Sec. 76.

(d) Conspiracy to obstruct, prevent, pervei-t, or defeat
the course of justice. Sec. 341.

3. When persons conspire to commit a wrong, all said,
done, or written by any one of them in furtherance of their
common purpose, is evidence against each individual.

£




dby VjOC



66 CRIMINAL CODE AJSD

4. The gist of the ofiFence of conspiracy is the bare en-
gagement and association to break the law, whether any act be
done in pursuance thereof by the conspirators or not.

5. *< If a number of persons combine and confederate to
" cheat a particular individual there can be no doubt that that
" is a criminal conspiracy at law." Cockhum, C, J,

CONSTABLE.

1. A Constable must strictly obey the orders of his
superiors in rank in the Force.

2. He must be civil and respectful to the Public.

3. He must readily do all in his power to oblige.

4. He is to speak the truth at all times without fear or
reservation. Untruthfulness is the gravest disqualification for
Police service.

5. If called on to take a person into custody at the
instance of another he must be guided by the circumstances of
the case ; if he has any doubt the persons concerned should
be taken to the station for the Inspector or Sergeant or
officer in charge to determine whether the charge shall be
entered or not. {See ^^ Arrests.^)

6. If a Policeman is called on to act he must do so with
energy and promptness ; if he wavers or doubts the opportunity
to render assistance may be lost.

7. A Constable should always reply courteously and
respectfully to any questons asked him by persons seeking
information, and he will best recommend himself to the respect
and confidence of those amongst whom he is stationed by a
conciliatory and forbearing manner.

CORONER'S INQUESTS AND BURIAL
OF DEAD BODIES.

1. A Constable is to attend an inquest to preserve order
and render assistance to the Coroner.

2. Coroners are entitled to the protection of the Police in
the execution of their official duties.



Digitized by VjOOQIC



CONSTABULARY MANUAL. 67

3. Under ordinary circumstances, a dead body should
not be moved from -where it is found without a Coroner's order.
Bodies, however, found in places open to the public view may
be moved to the nearest dead house or station.

4. Dead bodies found in public places should be at once
examined and searched, and any property or papers found
must be produced at the inquest.

5. On hearing of any case of unnatural death, it is the
duty of the Police to enquire into the circumstances at once
and report same to the nearest Coroner, who Shall forthwith
cause due investigation to be made as to the death, and if
necessary, hold an inquest or inquiry. (See also para. 22.)

6. The fullest information possible must be got and
furnished to the coroner to enable him to decide as to what
order is requisite. (See para, 23.)

7. Where the instructions of a Coroner cannot be
promptly obtained, and it is expedient that a dead body should
be at once examined by a doctor, the Ins. Genl. or an Insp,, or
if an order from these officers cannot be promptly obtained,
then the member of the Police in charge of the nearest station
may order * such examination ; such action to be reported
immediately to the Coroner. Ord. 6, 1887, sec. 8.

8. The remarks in para. 7 . also apply to the burial of a
dead body after a post mortem examination has been duly made.
Ibid, sec, 13.

9. The term *' Unnatural death " is defined in the Ord.
as the death of any person, (1) Which occurs in a sudden,
violent, or unnatural manner; (2) Where a dead body is found;
(3.) Where reasonable suspicion exists that death has not
arisen from natural causes, and (4.) Where suspicion exists
that some person is criminally reponsible for such death.
Ibid, sec, 2.

10. Every Justice of the Peace in the Colony is by office
a Coroner. Ihid, sec. 3.

11. Every person becoming aware of any unnatural
death who neglects to notify the same to tiie nearest Coroner,
or at the nearest police station, is liable to a fine of $48. Ibid
sec, 41. (See para. 19.)

* For form of order for P. M. and burial, see para. 20.
E*



Digitized by VjOOQIC



68 CRIMINAL CODE AND

12. Every person who, being summoned as a juror at any
inquest refuses or neglects to attend (except for sufficent
cause) is liable to a fine of $25, Ihid. sec. 42.

13. Every person who without lawful excuse, inters or
causes to be interred the dead body of any person in respect
of whose death an inquest or inquiry ought to be held, without
an order from a coroner or member of the Police Force is
liable to a fine of $100. Ihid, sec. 44.

14. Every person who obstructs or molests any ofiQcer
acting under the Coroner's ordinance 1887, is liable' to a fine
of $50, or imprisonment for 3 months. Ibid. sec. 46.

15. No person shall wilfully bury, or cause to be buried,
the body of any deceased child as if it were still-bom ; and, no
person who has the control over any burial ground, shall bury
or permit to be ]*uried in such ground, any still-born child,
before there is delivered to him either: —

(a) A written certficate signed by a licensed Medical
Practitioner who was in attendance at the birth of
such child, or a certificate to the effect that he has
examined the body of such child, and that the child
was not born alive ; or, (b) an order of a Coroner.
Fine for a breach, $5-$50. Ord. 1 0/I868 sec. 60-1.

16. Any person presenting the body of a still-born child
for burial, and failing to produce a certificate or order, as in
para. 15, is liable to punisbment as in preceding para. Ibid.

17. Forging, or uttering knowing it to be forged, any
such certificate or order, is a misdemeanour. Ibid. sec. 62.

18. As to the interment of human corpses in Villages, the
following regulations were made by the Central Board of
Health of B.G. under authority of sec. 60, Public Health Ord.
3 0/1878:—

«< That from and after the 1st day of August, 1888, it
" shall not be lawful to inter any human corpse in
*< any lot in any village, or village sanitary district,
* * whether incorporated or not, within the Colony,
(( except in any such lot which has before the coming

* into operation of this regulation been specially used
'and set apart for such purpose, without the

* special permission of the Chairman of the Central
"Board of Health."



J



Digitized by VjOOQIC



CONSTABULARY MANUAL. 69

(App. by the Gov. & Ct. Py. 10/7/88.)
Any person ofifending against this regulation is liable to a
fine not exceeding ^100. Ihid,

19. When an unnatural death of an immigrant* occurs on
any plantation*, the magistrate of the District in which such
plantation is situated shall be deemed the nearest coroner.
Ord. 6, 1887, sec. 16.

20. Referring to preceding paras. 7 & 8, the form of
order to be given to the doctor on the report of death, is as
follows : —

** Doctor (naming him) is requested to make such an
<< examination of the dead body as will enable h\m
** to ascertain cause of death, and report to Magistrate
"(or Justice of the Peace) (naming him), Esquire ;
" after examination, body may be buried."

21. No person can be tried for murder or manslaughter
upon any coroner's inquisition. Ord. 19, 1893, sec. 114.

22. Coroners are to report in writing, the verdict, finding,
or order, in respect of every inquest or inquiry, or preliminary
investigation held by them, to the Registrar of the District ;
but they are not required to sign the register of deaths as
informants. Ord. 1, 1868, sec. 41, and Governt. Cirs. No.
6532 0/23/8/88 and 3/9/88, addressed to Coroners.

23. In filling up Form No. 77, ** Report of a death to be
forwarded to a Coroner," it is necessary that in answer to
No. 4 query the actual place of death should be stated, as " in
a house," or " in the hospital,** or "on the road, dam," or "in
a trench," &c.

24. In charging the Grand Jury at the Chester Assizes,
on the 17/3/90, Mr. Justice Wills, referring to the Crewe
murder, said, "... the office of the Coroner is an impor-
tant one, and his functions are important. He has one


1 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

Online LibraryClaude FrancisCriminal Code and Constabulary Manual for British Guiana → online text (page 5 of 22)